A Resolution to Approve SPEX06-SC-023: A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement

WHEREAS, Robert M. and Claudia S. Young, owners and applicants, are seeking Special Exception approval to allow for a decrease in the non-common open space requirement to allow for a boundary line adjustment of the parcel known as PIN# 6081-25-7937-000; and

WHEREAS, on May 25, 2006, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and

WHEREAS, on June 29, 2006, the Fauquier County Planning Commission recommended approval of the application, subject to conditions; and

            WHEREAS, on July 13, 2006, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2600 and; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 13th day of July 2006, That SPEX06-SC-023 be, and is hereby, approved, subject to the following conditions:

1.      The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.      This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat titled “Plat of Special Exception and Boundary Line Adjustment” dated April 3, 2006 and received in Community Development on June 6, 2006, approved with the application, as qualified by these development conditions.

3.      The request for a reduction of non-common open space from 85% (81.7581 acres) to 34.307 acres to allow for a future boundary line adjustment to PIN 6081-25-0645-000.

4.      The residue parcel and the boundary line adjusted portion (53.383 acres) shall be deed restricted from further subdivision and the required non-common open space easement shall be recorded.  No subdivision potential (density) shall transfer with the boundary line adjustment.

5.      The applicant shall dedicate 25 feet from the centerline of Young Road. 

6.      The existing dwelling unit that was formerly a tenant house shall now be converted to a “family dwelling unit”.  Since this dwelling was built prior to 1980, it has met the initial “family only” use requirement and is not subject to that limitation.

7.      Per Zoning Ordinance Section 7-302(1)(D), the existing ingress/egress shall be allowed to remain in place and does not have to be relocated, per the Board of Supervisors authority to grant this waiver.  

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